The Southern herald., 1887-11-05
NICE LAW POINTS.
The Rights Of the People TO Water for the
Use OF Towns ana Cities.

The Rights Of the People TO Water for the
III Use ofTcwHns ana Cities.
ms question is'one that y destined
70 become Increasingly prominent as
wy poPul1v'oH Anzkeases' lhe country
becomes more AevelOped, and the
available supnlv III water in times If
soaro;+,, 1,aat,,,os H. ,l -. ru,;a
D0oo'neS s's .ru iesS. ih'e
snDJecC IS pteSenteQE unuer the head OF
Resource for Clseap Water for the
pannlo,a IN tho last4 t4n,hi;o,t;on - IN
- '"S P''y,ie,s''on ~, y .ns
new England WaIfr- WORKS Assocla-
tion. It seems that in Mt lenst two
States Massachusetts and M,ine) all
natural bodies of water Of over ten
acres in area are legally styled Great
Ponds, and have always bccn public
property nd private titie approaching
nearer than low-water mark. The
State of Massachusetts has adopted the
principle Of giving this water free to
municipalities requiring II. The ar
gument by 7. NJ Stctson, Esq, sub
mitted at the time of the application
of Fall River for condemnation Of the
water Of Watuppa Ponds, Is given in
full in this paper. It's based on two
propositions:
a. That the state owns the water ii these
"Great Ponds and may well give from 1t to
Its people without toll or payment.
~ That any ancient licenses or privileges
here tofore allowed to parties to use, control,
and avail of the surplus waters after they pass
into the outlet stream (the Quequechan or
FAN river), shall, so far as they legally may be
revoked or prevented from standing now in the
way OF the proposed gift from the State to it,
people
The oDDonents of the applicatioi
boI1 u,ot tho,, l,od I. ,,r;,,, ,,;rrLt s,o,.,
1850 si'NJ
cOntlnued use under q Incense gwen III
1926, but the argument states that the
c,,,,,.o,,,o C,o,,,t % a. Ir,,,taa ct.ta.
= -" oiv0u
nad In three cases decided agalnsG the
| irreyocability Of such licenses.
Tho ctoto bod IN I oA7 oansoo,.otoA
the UreaI fonds 10 me puDiic 1Or ever,
and Justice Hoar upheld this in n writ.
! tan o,,;n;on stot;na. ,Srha,.a /. ~ III
ludged case III Wnlen any right IN them
adverse to the public has ever been
.raoogr;zod V q1,is e,,,,a o,,,n;o,,
ss,1s'.. % - ~ = '''D- f''''O =
p,s..,,.,. =. IL -. J.. .....
Of the water tbat actnalv sncceeds n 'e Settin
into the stream. but that is all.
.. me use which which every owner in running p,
has % entered into into and al Seeome @ nart m ~ the S
stream
Ine g grant Dy the legislature o. an exclusive
does not Give title II the cornns Il the water
Hence q subsequent grant to the district to
erect water works 70 supply its Inhabitants
grant Of S'th the = water Hs n uowar s y 'A0 p0Ou
An upper owner has an unqualified right to
drain his marsh, anda neishnorlns proprietor
which @ wonId nthsrvse copo 70 na land Stc
Water taken from pond before it could
r reach u, tne outlet never could be water flowing
In n sSort sSo 0u, uut,, water rets into = defined
water.course, II has no relations with the rlpa-
ran owners along such water-course' The line
where tha water a. e = he ~ ne P pons
and enters the intercourse. Till then It be.
longs to the State, afterwards to the riparian
V"1p's ~ ''0 '''ou'n' !,
numerous o'ner uec'sions arc quo'eo
- snow Iia1 no ncehse oy ,ne olale
O0h DO hOAO w UC iilONOtbUiOI VI w